Meena Satyakumar Gehi v. State Of Maharashtra And 4 ORS.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.1018 OF 2015 Smt.Meena S. Gehi ..... Petitioner V/s State of Maharashtra & Ors.

..... Respondents ...

Mr. Nandkumar K. Desai for the Petitioner.

Mr. Mane, AGP for Respondents/State.

CORAM : A.A. SAYED, J.

DATED : 15 APRIL 2015 P.C.

Heard Mr. Desai, learned Counsel for the Petitioner and Mr. Mane learned AGP for the Respondents/State.

2.

By an order dated 5 March 2015, Respondent No.3 suspended the Premises/Performance License (Orchestra) of the Petitioner's establishment known as M/S. BULBUL RESTAURANT & BAR, situated at opp. to Swastik Chamber, Shivaji Nagar, Chembur Camp, Chembur, Mumbai - 400 071, for Sixty days. By the said order, the Petitioner was given 30 days' time to approach the Appellate Authority under Section 33 of the Bombay Police Act, 1951 read with Rule 28-A of Rules for Keeping Places of Public Entertainment in Greater Bombay, 1953. The Petitioner has preferred an Appeal against the said order dated 5 March 2015 and also filed an Application for stay.

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The grievance of the Petitioner is that despite the Appeal having been filed alongwith the Stay Application on 25 March 2015 neither the Application for Stay nor Appeal has been decided and that if the stay is not continued, his Appeal would become infructuous. 4.

The Petition is disposed of by passing the following order, which would, in my view, meet the ends of justice: i) The Appellate Authority shall hear and dispose of the Appeal as expeditiously as possible within a period of eight weeks from the receipt of copy of this order;

ii) Pending the hearing and final disposal of the Appeal, the effect and operation of the impugned order dated 5 March 2015, passed by Respondent No.3 in respect of the Petitioner's establishment M/S. BULBUL RESTAURANT & BAR shall stand stayed, and;

iii) In the event any adverse order is passed by the Appellate Authority, the said order shall not be given effect to for a period of three weeks from the date of communication of the same to the Petitioner.

5.

Concerned parties to act on the copy of this order, duly authenticated by the Registry of this Court.

(A.A. SAYED, J.) 2/2